FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE MID-WESTERN AREA - AND - PSYCHIATRIC NURSES ASSOCIATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Claim for conversion of Psychiatric Nurses from Temporary to Permanent status.
BACKGROUND:
2. The claim before the Court refers to a request by the Psychiatric Nurses Association (PNA) for the conversion of Temporary Nurses to Permanent status in Limerick Mental Health Service.
At the meeting between Management, the PNA and SIPTU on 7th October, 2006 it was confirmed that a small number of temporary nurses attached to the Limerick Mental Health Service who qualified had received Contracts of Indefinite Duration(CID) in view of their entitlement under the Protection of Workers (Fixed Term Work) Act, 2003. Nine Contracts of Indefinite Duration issued to Registered Psychiatric Nurses (RPN's) in Limerick Mental Health since 2003. Two Contracts of Indefinite Duration are to be issued to RPN's entitled to same after the recruitment moratorium is lifted.
Management referred to the Closure Agreement whereby there was an agreement that"a once off final confined competition for sixteen long-term temporary staff who were employed in Limerick Mental Health Service on June 1st, 2002 and who continued to be employed"would be held. All future vacancies arising, at this grade were to be filled by public open competition.
The Union maintains that while the Employer did appoint the sixteen nurses identified above, they failed to hold public competitions and to have panels in operation at all times. Consequently there are now more vacant posts and more temporary Nurses than at any time in the history of the Limerick Health Services.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 20th August, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th December, 2007.
UNION'S ARGUMENTS:
3. 1.The Union contends that the Employer is in breach of the principle that temporary employment be kept to a minimum level consistent with operational requirements.
2.The Union also contends that the employer is in breach of the Closure Agreement by failing to make"every effort will bemade to have a current panel in existence at all times"and by allowing the numbers of temporary nurses grow to the largest number in the history of the Limerick Mental Service.
3. The Union maintains that there is no recent precedent for nurses to be treated in this manner. The same Employer has a different set of rules for nurses in Limerick than it has for the same service just 20 miles up the road in Ennis in the same region.
MANAGEMENT'S ARGUMENTS:
4. 1. Management maintains that they have fulfilled the terms of the Closure Agreement in respect of filling vacant RPN positions in Limerick Mental Health Service.
2. Management also maintains that they have endeavoured to progress advertising vacancies despite the reluctance of the Unions to allow them to do so.
3. Currently the processing of 21 candidates is ongoing, the balance of candidates may be processed as vacancies arise. The current recruitment embargo means that candidates can only be brought to the point of offer.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim for a conversion process for temporary nurses. The Union referred to the situation whereby there are a number of vacant permanent posts in the Limerick Mental Health Services and at the same time there are a large number of Psychiatric Nurses in temporary posts. It claimed that Limerick Mental Health Services was failing in its duty to provide sufficient opportunities for recently qualified Nurses to access permanent posts in the area.
Management maintained that the problem was being addressed, by various means :
- a number of vacant posts were filled through competitions held in 2001, 2003 and 2007,
- a number of Temporary Nurses were given Contracts of Indefinite Duration by operation of the Protection of Fixed Term Workers Act, 2003
- further permanent posts will be filled via a new competition to be held in the first quarter of 2008.
The Court finds it unsatisfactory that the Nurses should be in temporary posts for long periods of time. Having considered the submissions of both sides, the Court sees merit in the Union’s claim.
Management informed the Court of its efforts to deal with the situation, it assured the Court that an open competition would be held in the first quarter of 2008 which will likely address the majority of the remaining Temporary Psychiatric Nurses, the subject of this claim.
The Court is of the view that the 2008 competition should be allowed to proceed and in the event that there are some remaining claimants whose status has not been addressed, their claim may be referred back to the Court for a definitive recommendation.
Furthermore, the Court recommends that Management should keep all future temporary posts for Psychiatric Nurses at a minimum level and ensure that a current panel is maintained in existence at all times.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th January, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.